alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 96-20929 Conference Calendar

__________________ UNITED STATES OF AMERICA, Plaintiff-Appellee,
versus JACK P. KIRBY, III, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-95-CR-306-4
- - - - - - - - - - June 17, 1997 Before SMITH, STEWART, and DENNIS, Circuit Judges. PER CURIAM: * Jack P. Kirby, III, appeals following his guilty-plea conviction for conspiracy to manufacture and distribute methamphetamine, alleging that the district court erred in not giving him a downward adjustment as a minor participant under U.S.S.G. § 3B1.2. Our review of the record and the arguments and authorities convinces us that no reversible error was committed. In light of the extent of Kirby’s involvement in the conspiracy,No. 96-20929 -2-the district court did not clearly err in finding that minorparticipant status was not warranted. See United States v. Thomas , 932 F.2d 1085, 1092 (5th Cir. 1992). AFFIRMED.
----

Exhibit 31.2

**CERTIFICATION**

                 I, Nicholas Pappas, certify that:

                 1.  I have reviewed this quarterly report on Form 10-QSB of Envirokare  Tech, Inc.;

                 2.  Based on my knowledge, this quarterly report does not contain any untrue  statement of a material fact or omit to state a material fact necessary to make  the statements made, in light of the circumstances under which such statements  were made, not misleading with respect to the period covered by this quarterly  report;

                 3.  Based on my knowledge, the financial statements, and other financial  information included in this quarterly report, fairly presents in all material  respects the financial condition, results of operations and cash flows of the  registrant as of, and for, the periods presented in this quarterly report;

                 4.  The registrant's other certifying officers and I are responsible for  establishing and maintaining disclosure controls and procedures (as defined  in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

                 a)     designed such disclosure controls and procedures to ensure  that material information relating to the registrant, including its consolidated  subsidiaries, is made known to us by others within those entities, particularly  during the period in which this quarterly report is being prepared;

                 b)    evaluated the effectiveness of the registrant's disclosure  controls and procedures as of a date within 90 days prior to the filing date  of this quarterly report (the "Evaluation Date"); and

                 c)     presented in this quarterly report our conclusions  about the effectiveness of the disclosure controls and procedures based on our  evaluation as of the Evaluation Date;

                 5.  The registrant's other certifying officers and I have disclosed, based  on our most recent evaluation, to the registrant's auditors and the audit committee  of registrant's board of directors (or persons performing the equivalent functions):

                 a)     all significant deficiencies in the design or operation  of internal controls which could adversely affect the registrant's ability to  record, process, summarize and report financial data and have identified for  the registrant's auditors any material weaknesses in internal controls; and

                 b)    any fraud, whether or not material, that involves management  or other employees who have a significant role in the registrant's internal  controls; and

6.  The registrant's other certifying officers and I have indicated in  this quarterly report whether there were significant changes in internal controls  or in other factors that could significantly affect internal controls subsequent  to the date of our most recent evaluation, including any corrective actions  with regard to significant deficiencies and material weaknesses.

Date:    June 1, 2005

By:       /s/ Nicholas Pappas  -----------------------------  Name:  Nicholas Pappas  Title:     Chairman and CEO
[Federal Register Volume 63, Number 134 (Tuesday, July 14, 1998)]
[Notices]
[Page 37896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18627]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute of Health


National Institute of Environmental Health Sciences; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Environmental Health Sciences Review 
Committee, NIEHS Review Committee.
    Date: July 30-31, 1998.
    Time: 8:30 AM to 5:00 PM.
    Agenda: To review and evaluate grant applications.
    Place: NIEHS, SOUTH CAMPUS, BUILDING 101, CONFERENCE ROOM B, 
RESEARCH TRIANGLE PARK, NC 27709.
    Contact Person: Linda Bass, PHD, Health Scientist Administrator, 
Nat'l Institute of Environmental Health Sciences, P.O. Box 12233, MD 
EC-24, Research Triangle Park, NC 27709, (919) 541-1307.

.(Catalogue of Federal Domestic Assistance Program Nos. 93.115, 
Biometry and Risk Estimation--Health Risks from Environmental 
Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety 
Training; 93.143, NIEHS Superfund Hazardous Substances--Basic 
Research and Education; 93.894, Resources and Manpower Development 
in the Environmental Health Sciences; 93.113, Biological Response to 
Environmental Health Hazards; 93.114, Applied Toxicological Research 
and Testing, National Institutes of Health, HHS)

    Dated: July 7, 1998.
LaVerne Y. Stringfield,
Committee Management Officer, NIH.
[FR Doc. 98-18627 Filed 7-13-98; 8:45 am]
BILLING CODE 4140-01-M
[Federal Register Volume 63, Number 131 (Thursday, July 9, 1998)]
[Notices]
[Page 37115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18418]


=======================================================================
-----------------------------------------------------------------------

FEDERAL ELECTION COMMISSION


Sunshine Act Meetings

AGENCY: Federal Election Commission.

DATE & TIME: Tuesday, July 14, 1998 at 10:00 a.m.

PLACE: 999 E Street, N.W., Washington, D.C.

STATUS: This meeting will be closed to the public.

ITEMS TO BE DISCUSSED:
    Compliance matters pursuant to 2 U.S.C. Sec. 437g.
    Audits conducted pursuant to 2 U.S.C. Sec. 437g, Sec. 438(b), and 
Title 26, U.S.C.
    Matters concerning participation in civil actions or proceedings or 
arbitration.
    Internal personnel rules and procedures or matters affecting a 
particular employee.

DATE & TIME: Thursday, July 16, 1998 at 10:00 a.m.

PLACE: 999 E Street, N.W., Washington, D.C. (Ninth Floor).

STATUS: This meeting will be open to the public.

ITEMS TO BE DISCUSSED:
    Correction and Approval of Minutes.
    Advisory Opinion 1998-12: Ashland Inc. Political Action Committee 
for Employees by counsel, Katrina W. Vega.
    Administrative Matters.

PERSON TO CONTACT FOR INFORMATION: Mr. Ron Harris, Press Officer, 
Telephone: (202) 694-1220.
Marjorie W. Emmons,
Secretary of the Commission.
[FR Doc. 98-18418 Filed 7-7-98; 12:39 pm]
BILLING CODE 6715-01-M
#### *State, Respondent, v. Mohamed, Petitioner,*

No. 91949-6.

Petition for review of a decision of the Court of Appeals, No. 71409-1-I, June 8, 2015 2015,188 188 Wn. App. 1007*1007.*Denied November 4, 2015.
[Federal Register Volume 63, Number 118 (Friday, June 19, 1998)]
[Notices]
[Page 33735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16453]


=======================================================================
-----------------------------------------------------------------------

NATIONAL CREDIT UNION ADMINISTRATION


Sunshine Act Meeting; Notice of Meetings

TIME AND DATE: 10:00 a.m., Tuesday, June 23, 1998.

PLACE: Board Room, 7th Floor, Room 7047, 1775 Duke Street, Alexandria, 
VA 22314-3428.

STATUS: Open.

MATTERS TO BE CONSIDERED:
    1. Requests from Two (2) Federal Credit Unions to Convert to 
Community Charters.
    2. Funding for the Office of Corporate Credit Unions.

RECESS: 11:00 a.m.

TIME AND DATE: 11:30 a.m., Tuesday, June 23, 1998.

PLACE: Board Room, 7th Floor, Room 7047, 1775 Duke Street, Alexandria, 
VA 22314-3428.

STATUS: Closed.

MATTERS TO BE CONSIDERED:
    1. Administrative Action under Section 205 of the Federal Credit 
Union Act. Closed pursuant to exemption (8).
    2. Administrative Actions under Section 206 of the Federal Credit 
Union Act. Closed pursuant to exemptions (4), (7) and (8).
    3. Administrative Action under Part 704 of NCUA's Rules and 
Regulations. Closed pursuant to exemption (8).
    4. Administrative Act under Part 745 of NCUA's Rules and 
Regulations. Closed pursuant to exemption (6).
    5. Four (4) Personnel Actions. Closed pursuant to exemptions (2), 
(5), (6) and (9)(B).

FOR FURTHER INFORMATION CONTACT: Becky Baker, Secretary of the Board, 
Telephone (703) 518-6304.
Becky Baker,
Secretary of the Board.
[FR Doc. 98-16453 Filed 6-16-98; 4:41 pm]
BILLING CODE 7535-01-M
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED STATEMENT OF INCOME (LOSS) AND THE CONDENSED CONSOLIDATED
BALANCE SHEET AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<CIK> 0001059364
<NAME> EAGLE-PICHER HOLDINGS, INC.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          NOV-30-2000
<PERIOD-START>                             DEC-01-1999
<PERIOD-END>                               NOV-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                           7,467
<SECURITIES>                                         0
<RECEIVABLES>                                  113,643
<ALLOWANCES>                                     1,263
<INVENTORY>                                    103,518
<CURRENT-ASSETS>                               243,659
<PP&E>                                         351,048
<DEPRECIATION>                                 102,387
<TOTAL-ASSETS>                                 775,362
<CURRENT-LIABILITIES>                          198,803
<BONDS>                                        392,573
<PREFERRED-MANDATORY>                          109,804
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                      39,187
<TOTAL-LIABILITY-AND-EQUITY>                   775,362
<SALES>                                        837,580
<TOTAL-REVENUES>                               837,580
<CGS>                                          667,940
<TOTAL-COSTS>                                  669,940
<OTHER-EXPENSES>                               109,794
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              47,362
<INCOME-PRETAX>                                 12,610
<INCOME-TAX>                                     7,000
<INCOME-CONTINUING>                              5,610
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,610
<EPS-BASIC>                                     (6.26)
<EPS-DILUTED>                                   (6.26)


</TABLE>
<PAGE>

                                  EXHIBIT 99.1

                               CERTIFICATE OF THE
                             CHIEF EXECUTIVE OFFICER
                                   OF ELKCORP

         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.ss.
1350):

         I, Thomas D. Karol, Chief Executive Officer of ElkCorp, certify to my
knowledge and belief pursuant to Section 906 of Sarbanes-Oxley Act of 2002 (18
U.S.C.ss. 1350) that:

         (1)      The Annual Report on Form 10-K for the period ended June 30,
                  2002, which this statement accompanies, fully complies with
                  the requirements of section 13(a) or 15(d) of the Securities
                  Exchange Act of 1934; and

         (2)      The information contained in the Annual Report on Form 10-K
                  fairly presents, in all material respects, the financial
                  condition and result of operations of ElkCorp.

Date:  September 26, 2002
                                            By /s/ Thomas D. Karol
                                               ---------------------------------
                                                   Thomas D. Karol
                                                   Chief Executive Officer
----

----

| 1. | the      quarterly report on Form 10-QSB of Falcon Ridge Development Inc., for the      period ended December 31, 2007 (the “Report”) fully complies with the      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of      1934; and |
|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2. | the      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of Falcon      Ridge Development Inc.,. |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                              |                         |                          |
|-----------------------------------|------------------------------|-------------------------------|
|                              |                         |
|                              |                         |                          |
| Dated February      18, 2008 |                         | /s/ Fred      M. Montano |
|                              | Fred      M. Montano,        |
|                              | Chief      Executive Officer |

----

----
## SERVE D JANUAR Y 11,201 0

U.S
. DEPARTMEN T O FTRANSPORTATIO N

OFFIC EO FHEARING S WASHINGTON , D C
INTH EMATTE RO F SKYWES T AIRLINES , INC
. FA A DOCKE T NO
. CP09NM001 2 (Civi l Penalt y Action ) DM S No
. FAA-2009-097 9 

### PROCEDURA L ORDE R Paragrap h# 2 o f

th e Procedura l Orde r

i s amende da s follows : WHEREFORE , th e partie s b e an dar e hereb y ORDERE D t o adher e t o th e followin g procedura l schedule :

.. . O no r before Marc h1 , 2010 , th e partie s shal l conclud e al l discovery including , bu t no t limite dto , depositions , documen t production , response s t o productio n request s and/o r

interrogatories
. I f

th e partie s canno t

resolv e adiscovery disput e the y shal l submi t

th e disput e t o th e undersigne dfo r resolutio ninatimel y manner.. .

'Richar dC
. Goodwi n U.S
. Administrativ e Law Judg e Attachmen t

- Servic e Lis tFA A Docke t No
. CP09NM001 2 (Civi l Penalt y Action ) SERVIC ELIS T ORIGINA L& ON ECOP Y Federa l Aviatio nAdministratio n 80 0 Independenc e Avenue , S.W
. Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Building—Suit e 2W1000 * ON ECOP Y Tod dC
. Emerson , Respondent' s Counse l Director , Governmen t

an dLega l Affair s SkyWes t Airline s 44 4 SouthRive r

Roa d St
. George , U T 8479 0 TEL : 435-634-353 0 FAX : 435-634-350 5 Scott R
. Morris , Complainant' s Counse l Attorney , Offic e o f

th e Regiona l Counse l Northwes t

Mountai nRegion , ANM- 7 Federa l Aviatio nAdministratio n 160 1 Lin dAvenue , S.W
. Renton , W A 9805 7 TEL : 425-227-141 7 FAX : 425-227-100 7 Th e Honorabl e Richar dC
. Goodwin , Administrativ e Law Judg e Offic e o f Hearings , M-2 0 U.S
. Departmen t

o f Transportatio n 120 0 Ne w Jerse y Avenue , S.E
. Eas t Buildin g Groun dFloor , Roo mEl2-32 0 Washington , D C 2059 0 TEL : 202-366-213 9 Attorney-Adviso r 202-366-512 1 Lega l Assistan t FAX : 202-366-753 6

' Servic e wa s b y U.S
. Mail
. Fo

r servic e i n perso no r b y expedite dcourier , us e th e followin g address : Federa l Aviatio nAdministration, 60

0 Independenc

e Avenue, S.W. , Wilbu

r Wrigh t Building—Suit

e 2W1000, Washington

, D C 20591 ; Attention : Hearin

g Docke t Clerk , AGC-430
.
No. 10-6054.

#### In re Albert Darcy Medina, Petitioner.

562 U.S. 1196, 131 S. Ct. 1039,

178 L. Ed. 2d 858,

2011 U.S. LEXIS 615.

January 18, 2011.

Petition for rehearing denied.

Former decision, 562 U.S. 1001, 131 S. Ct. 512, 178 L. Ed. 2d 409, 2010 U.S. LEXIS 8388.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AT DECEMBER 31, 1999 AND THE RELATED CONSOLIDATED
STATEMENTS OF INCOME AND OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 1999 OF
THREE-FIVE SYSTEMS, INC. AND ITS SUBSIDIARIES AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS. THIS EXHIBIT SHALL NOT BE DEEMED
FILED FOR PURPOSES OF SECTION 11 OF THE SECURITIES ACT OF 1933 AND SECTION 18
OF THE SECURITIES EXCHANGE ACT OF 1934, OR OTHERWISE SUBJECT TO THE LIABILITY
OF SUCH SECTIONS, NOR SHALL IT BE DEEMED A PART OF ANY OTHER FILING WHICH
INCORPORATES THIS REPORT BY REFERENCE, UNLESS SUCH OTHER FILING EXPRESSLY
INCORPORATES THIS EXHIBIT BY REFERENCE.

</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          45,363
<SECURITIES>                                         0
<RECEIVABLES>                                   21,636
<ALLOWANCES>                                       750
<INVENTORY>                                     12,344
<CURRENT-ASSETS>                                82,871
<PP&E>                                          63,447
<DEPRECIATION>                                  22,901
<TOTAL-ASSETS>                                 126,930
<CURRENT-LIABILITIES>                           22,018
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           126
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   126,930
<SALES>                                        147,408
<TOTAL-REVENUES>                               147,408
<CGS>                                          117,583
<TOTAL-COSTS>                                  137,498
<OTHER-EXPENSES>                                    18
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  9,892
<INCOME-TAX>                                     2,968
<INCOME-CONTINUING>                              6,924
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,924
<EPS-BASIC>                                       0.67
<EPS-DILUTED>                                     0.65


</TABLE>
1

 

 The National Defense Authorization Act of 2009 changed the way Unused Sick Leave is credited under the 

Federal Employee Retirement System (FERS). Since we are approaching the deadline for the FERS Unused 

Leave credit change we thought it would be important to remind you of the change.

 FERS employees who retire on December 31, 2013 will receive 50% credit for their Unused Sick Leave. 

Employees who retire on January 1, 2014 will receive 100% credit for the FERS Unused Sick Leave and their 

annuities will commence February 1, 2014.

 The information about FERS Unused Sick Leave credit can be found in several locations. One is the sick 

leave fact sheet and the other is the National Defense Authorization Act Retirement Changes Benefits 

Administration Letter 10-101. Below is an excerpt from these documents and links to both.

 For employees covered by the Federal Employees Retirement System (FERS), credit toward the annuity 

computation will be based upon a percentage of the sick leave balance at retirement or death, depending on the 

date the entitlement to the annuity began-

* 50 percent in the case of an annuity entitlement based on a separation from service from October 28, 

2009, through

December 31, 2013; and

* 100 percent in the case of an annuity entitlement based on a separation from service occurring on or after 

January 1, 2014.

OMP site:

Facts about Sick Leave

Benefits Administration Letter: National Defense Authorization Act Retirement Changes, January 2010

Unused Sick Leave and FERS Retirement
<PAGE>
                                                                   EXHIBIT 23.3



           CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


The Board of Directors
EMS Technologies, Inc.:

We consent to the incorporation by reference in the registration statements on
Form S-8 (Nos. 2-76455, 33-50528, 333-20843, 333-32425, 333-35842, 333-86973 and
333-74770) and Form S-3 (Nos. 333-61796 and 333-87160) of EMS Technologies,
Inc. of our report dated May 2, 2005, with respect to management's
assessment of the effectiveness of internal control over financial reporting
as of December 31, 2004 and the effectiveness of internal control over financial
reporting as of December 31, 2004, which report appears in the December 31, 2004
annual report on Form 10-K/A Amendment No. 2 of EMS Technologies, Inc.

Our report dated May 2, 2005, on management's assessment of the effectiveness
of internal control over financial reporting and the effectiveness of internal
control over financial reporting as of December 31, 2004, expresses our opinion
that EMS Technologies, Inc. did not maintain effective internal control over
financial reporting as of December 31, 2004 because of the effects of
material weaknesses on the achievement of the objectives of the control
criteria and contains an explanatory paragraph that states the following
regarding such material weaknesses: (a) the Company's policies and procedures
did not provide for sufficient oversight and review of revenue recognition for
multiple deliverables under contracts involving delayed delivery of equipment,
related software and future services that are supplemental to the primary
equipment sold, (b) the Company's policies and procedures did not provide for
effective oversight and review of the accounting for purchase price variances
on certain purchased materials, and (c) the Company's policies and procedures
did not provide for effective oversight and review of the accounting for the
effect of significant foreign exchange fluctuations on the value of long-term
contracts denominated in a currency other than the functional currency.


                                        KPMG LLP



Atlanta, Georgia
May 2, 2005